Government Pensions Administration Agency (GPAA) · PDF fileRFP$Provisioning$of$Security$Services$at$the$GEPF$Offices$bid(GPAA30/2015)$ $ 1 of 42 Confidential Government Pensions Administration

RFP Provisioning of Security Services at the GEPF Offices bid(GPAA30/2015) 1 of 42

Confidential

Government Pensions Administration Agency (GPAA)

Request for Proposals for the Provisioning of

Security Services at the GEPF Bloemfontein Office,

Kimberley Office and Phuthaditjhaba Office.


N

Johannesburg Pietersburg

R101

Pretoria East/M

onument

Keep toSunnyside signs

Esselen Str

Chuch Str

Vermeulen Str

Proes Str

Belvedere Str

Southpansberg Road

Voortrekkers Road

Hamilton Str

GPAA34 Hamilton Street

(Old HFVerwoerd)

Beatrix Road

Sterland

PretoriaAcademicHospital

UNISA

Map toChief Directorate : Pensions Administration

(GPAA34 Hamilton Street, Arcadia

(012) 319-1000

Troy Str

Keep toJohannesburg signs

Wal

ker S

tr

Ben Schoeman High way

ALL BID DOCUMENTS TO BE DEPOSITED AT THE TENDER BOX SITUATED AT THE RECEPTION AREA AT: 34 HAMILTON STR PRETORIA ARCADIA


Table of Contents

1. INVITATION TO BID 4

2. DELIVERY ADDRESS 4

3. SCOPE OF WORK 4

4. DURATION OF CONTRACT 4

5. SERVICE LOCATION 4 5.1 LOCATION 4 5.2 SCHEDULE OF SERVICES 5 5.3 SECURITY EQUIPMENT / TOOLS TO BE PROVIDED 5

6. DETAILED REQUIREMENTS 6 6.1 SECURITY OFFICERS (UNARMED) 6 6.2 ASSUMPTION OF DUTY 7 6.3 MAXIMUM SHIFT HOURS 7 6.4 MINIMUM WAGES 7 6.5 SECURITY SERVICES 7 6.6 OATH OF SECRECY 8 6.7 SECURITY CLEARANCE 8 6.8 GENERAL REQUIREMENTS FOR SECURITY OFFICERS 8 6.9 SECURITY OFFICER’S RECORDS 8 6.10 SECURITY REGISTERS 9 6.11 SERVICE EQUIREMENT 9 6.12 CONTRACT TERMINATION RIGHTS 9

7. INVITATION TO RFP 10

8. INCURRING OF COST 10

9. BID EVALUATION 10

10. BIDDER SELECTION 10 11. TENDER BRIEFING SESSION 10

12. COMMUNICATION DURING THE RFP PROCESS 11

13. SUBMISSION REQUIREMENTS 11

14. EXPANSION OF SERVICES 12


1. Invitation to Bid

1.1 The Government Pensions Administration Agency, hereafter referred to as GPAA, invites suitable qualified Service Providers to submit responses for the provisioning of security services as detailed in this Request for Proposal (RFP).

2. Delivery Address 2.1 Responses to this RFP must be handed in via the main pedestrian entrance

(Reception Area) at the GPAA Head Office in Pretoria:

Physical Address Government Pensions Administration Agency 34 Hamilton Street Pretoria 0002

3. Scope of Work 3.1. The provision of security services will include the following:

• Access control services; • Operating of the x-ray machine and walk through metal detector; • Monitoring of CCTV; • Key control; • Patrolling of the building and the premises; • Safeguarding of GPAA offices, assets and employees, and • Escorting of goods in transit, visitors, employees and VIP’s to their destination

within the building / premises. 4. Duration of Contract 4.1 The contract will be for a period of three (3) years, effective from 01 August 2016 to 31

July 2019. 5. Service Location 5.1 Location:

5.1.1 The services will be provided at the GEPF offices indicated in the table below:

Office name Location and physical address Bloemfontein Office No 2 President Brand Street,

Bloemfontein Kimberley Office 11 Old Main Street, Kimberley Phuthaditjhaba Office No 712 Public Road, Mandela Park

Shopping Centre, Phuthaditjhaba.


5.2 Schedule of Services:

5.2.1 The service provider will be required to perform security services at the above specified GPAA location and shall take all necessary steps to safeguard the premises and/or vehicles as well as the contents thereof as well as the people therein or thereon, which safeguarding is to be executed by applying access control in terms of the Control of Access to Public Premises Act 53 of 1985 as outlined in the table below:

OFFICE Post Grade Shift Days per

week Day Night

Bloemfontein

Posting: Monday to Friday:

Reception – X-Ray machine

C 2 2 Mon - Sun

Total 2 2 Mon - Sun

Grand Total 4 Mon - Sun

OFFICE Post Grade Shift Days per week Day Night

Kimberley

(06:00-18:00)

Reception – X-Ray machines

C 2 0 Mon - Fri

Total 2 0 Mon - Fri

Grand Total 2 Mon - Fri

OFFICE Post Grade Shift Days per week Day Night

Phuthaditjhaba

(06:00-18:00)

Reception – X-Ray machine

C 2 0 Mon - Fri

Total 2 0 Mon - Fri

Grand Total 2 Mon - Fri

5.3 Security equipment / tools to be provided: 5.3.1 Bloemfontein Office

Description Quantity Comments

Base radio 1 To be installed by the service provider at a static duty point for communication between the site and the service provider’s control room

Hand-held radios with chargers

1

Torches 2 For use by night shift security officers

Batons 2

Handcuffs 2

Pens and pocket books Per officer


5.3.2 Kimberley Office Description Quantity Comments



1

Batons 2

Handcuffs 2


5.3.3 Phuthaditjhaba Office Description Quantity Comments



1

Batons 2

Handcuffs 2


6 Detailed Requirements

6.1 The bidding service provider must be registered in terms of the Private Security

Industry Regulatory Authority (PSIRA), as proof thereof; a copy of registration must be attached with the BID.

6.2 Security Officers (Unarmed):

6.2.1 The security officers must not be younger than18 years of age. 6.2.2 The security officers must at least have obtained a Grade 10 or Senior Certificate. 6.2.3 The security officers, who will render the service on site, must at least have had two

(2) years security experience. 6.2.4 The service provider shall, in order to ensure the continuity of the service, allocate

specific personnel to posts. 6.2.5 The replacement of any security officer may only be executed with prior consent of the

GPAA Physical Security Manager.


6.2.6 The GPAA holds the right to screen and interview the security officers deployed to render the service, within seven (7) days after commencement of the service and request in writing an immediate replacement should the security officer not meet the criteria or perform to the accepted standard.

6.2.7 The service provider must submit a recent SAPS Criminal record clearance certificate,

(at his/her own expense) to the GPAA Physical Security Manager, in respect of all security officers he/she deploys to render the service, within fourteen (14) days after commencement of the service.

6.2.8 Security officers deployed to render the security services must be trained to the

standard set by the Security Officer’s Board, and trained at the Private Security Industry Regulatory Authority (PSIRA) accredited centre. The security officers must be conversant and be able to implement the Control of Access to Public Premises and Vehicle Act No. 53 of 1985.

6.2.9 Security officers need to have good communication skills (verbal and written). 6.2.10 Security officers need to be trained in the following, including refresher training for the

duration of the contract period: • Firefighting training; • Checkpoint screener and X-Ray interpretation training.

6.3 Assumption of Duty:

6.3.1 The service provider must be in a position to assume duty within two (2) weeks after acceptance of the proposal.

6.4 Maximum Shift Hours:

6.4.1 No security personnel may be allowed to work a shift longer than twelve (12) hours. 6.5 Minimum Wages:

6.5.1 It is expected that the service provider shall pay his/her employees at least the minimum monthly basic wage, as prescribed by the law (Sectoral Determination 6: Private Security Sector, South Africa as amended), on the date specified on the employment contract.

6.6 Security Services:

6.6.1 The norm/quality of the service to be rendered must be in accordance with the acceptable security standards and within GPAA internal physical security policy and procedures.

6.6.2 It is the responsibility of the service provider to ensure that personnel in his/her service

and especially those employed for the rendering of the security services, meet the requirements of the internal security policy and procedures at all times.


6.6.3 Possible steps shall be taken by the service provider to ensure that the contract, intended for the execution of this agreement will take place. These steps include, inter alia, the following: • The protection of the GPAA officials against injuries, death or any other offences,

including offences referred to in Schedule 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977);

• The protection of the GPAA property against theft and vandalism;

6.7 Oath of Secrecy:

6.7.1 All security personnel, as well as service provider management involved with the GPAA at the commencement of this agreement must sign an “Oath of Secrecy” declaration and submit the declaration to the GPAA Physical Security Manager.

6.7.2 The supervisor and security officers must sign an undertaking in which they declare

that they will refrain from any action which might be to the detriment of the GPAA. 6.7.3 The supervisor and security officers are prohibited from reading documents or records

in offices or unnecessary handling thereof. 6.7.4 The service provider or any of his/her employees may not furnish any information

concerning the GPAA and its activities to the public or media. 6.8 Security Clearance:

6.8.1 The company, its directors and personnel will be subjected to the GPAA security screening process.

6.9 General Requirements for Security Officers:

6.9.1 Security officers must at all times present an acceptable image and appearance while on duty which implies, inter alia, that they may not sit, smoke, eat or drink while attending to people.

6.9.2 The supervisors and security officers must at all times present a dedicated attitude. A

dedicated attitude approach shall imply, inter alia, that there shall be no unnecessary arguments with clients, visitors/staff or discourteous behaviour towards them.

6.9.3 The supervisors and security officers must be physically healthy and medically fit for

the execution of their duties. 6.9.4 The GPAA retains the right to ascertain from PSIRA as to whether the supervisors and

security officers are in good standing with the PSIRA. 6.10 Security Officer’s Records:

6.10.1 The service provider must keep proper files as well as appropriate documents of all security officers who are employed for rendering the service to the GPAA, for the purpose of inspection.


6.10.2 The appropriate documents shall include, inter alia, the following: • Grading of security officers, • Training certificates of successfully completed security courses as prescribed by the Private Security Industry Regulatory Authority, • Monthly submission of proof of payment received by employees in the form of an

employee payment schedule, • Proof of registration with PSIRA.

6.11 Security Registers:

6.11.1 The service provider must ensure that the following security aids are available on site. • Occurrence book, • Access control registers,, • Pocket books • GPAA Vehicle Register, • Mail Receipt Register, • Removal Permit, • Fire-arm Register, • Security Duty Roster, and • Duty Sheet.

6.12 Service Equipment:

6.12.1 The service provider must ensure that the following service equipment are available on site: • Radio, • Torch (at night), • Base radio, • Whistle, • Handcuffs, and • Baton.

6.13 Contract Termination Rights: 6.13.1 Either party, shall, without prejudice to any rights it may have in law, be entitled to

cancel this agreement, by written notice to the other party, in the event of a breach of any provision of this agreement and failure to rectify the breach within 7 (seven) days’ notice of the breach.

6.13.2 Such breach by the service provider will include but not be limited to:

• Failure by the service provider to comply with its obligations in terms of this agreement;

• Refusal of the service provider to comply with instructions or requests by the GPAA in terms of this agreement;

• Insolvency or liquidation of the service provider; • Any engagement by the service provider in corrupt or fraudulent practices in

competing or executing this agreement.


6.13.3 If the service provider has committed such breach, the GPAA will furnish the service provider with a written notice, served on the service provider’s chosen domicilium address in terms of clause 22, setting out the breach committed and calling upon the service provider to rectify such breach within 7 (seven) calendar days.

6.13.4 If the service provider fails to rectify such breach after receiving a notice in terms of

clause 19.3, the GPAA may cancel this agreement without further notice. 6.13.5 If this agreement is cancelled, the service provider shall immediately cease the

execution of any services contemplated in this agreement. The GPAA shall cause a final account to be prepared of payment due to the service provider in which shall be taken into consideration the costs and/or loss to the GPAA from the cancellation of this agreement and shall effect payment due accordingly.

7 Invitation to RFP 7.1 To be considered, each bidder must submit a completed set of the prescribed

documents attached to this RFP, accompanied by its proposal, to the GPAA, not later than 11h00 on 13 November 2015 .

7.2 No other distribution of proposals is to be made by the bidder. The proposal must

include a statement of the period for which the proposal remains valid. The proposal must be valid for at least one hundred and twenty (120) days from the date of closure.

8. Incurring Of Costs 8.1 The GPAA will not be liable for any cost incurred by any vendor/bidder prior to signing

of a binding contract by all parties concerned. 9. Bid Evaluation 9.1 The Bid evaluation process will encompass the use of the bidder’s response and any

additional proven or known facts to confirm the bidder’s rating against the points. 10. Bidder Selection 10.1 The GPAA reserves the right to select the appropriate bidder based on its

requirements. The decision of the adjudication committee; Head: GPAA and the Financial Committee of the GPAA will be considered to be final.

11. Tender Briefing Session

11.1 To assist the service provider in gaining a better understanding of the GPAA environment, a non-compulsory briefing session will be take place at 34 Hamilton Street, Arcadia, Pretoria, 0001, on 26 October 2015 at 09h00am. This briefing session is provided as an interactive forum for the Service Providers to interact with GPAA and under no circumstances will GPAA accede to one-on-one meetings and/or workshops with Service Providers on an individual basis.


12. Communication During the RFP Process

Any communication with respect to this RFP should be directed to the people below:

Technical Enquiries Name: Guiter Hlungwani E-mail: [email protected]

or

Administrative Enquiries Name: William Ramoroka E-mail: [email protected]

12.1 Any communication during the RFP process should be addressed by e-mail.

Telephonic queries will not be entertained and any information obtained by service providers is utilised at the risk of the service provider.

12.2 All e-mail correspondence must contain the RFP number GPAA 30/2015 in the subject

line. All queries will be consolidated and responded to in writing every Friday during the proposal response period, and will be distributed to all the respondents that completed a non-disclosure agreement. No enquiries will be entertained one week prior to the closing of the RFP.

12.3 Communication with any other personnel of the GPAA, with regard to this RFP is not

permitted and will result in disqualification of the relevant RFP response. 13. Submission Requirements

13.1 Responses to this RFP must be submitted between 07h30 and 16h00 (Monday to

Friday, excluding public holidays); on the closing date submissions must be done before 11h00.

13.2 Service providers must submit five (5) hardcopies of the technical response as well as five (5) hardcopies of the financial proposal.

13.3 One hardcopy must be the original submission, clearly marked "Original" and the

remaining hardcopies can be a copied versions of the original. 13.4 Service providers should take particular care to ensure that there are no discrepancies

on hardcopy submissions of the proposed solution. GPAA reserves the right to reject any submission if there are discrepancies.

13.5 Responses to this RFP must follow a two-envelope approach where service providers’

pricing and technical response must be submitted in separate sealed envelopes. The responses must be securely bound, submitted in sealed packaging. The original submission plus five (5) copies of the submission must each be enclosed within its own envelope. The five (5) copies must then be bundled together and submitted as a single pack and clearly marked indicating the contents of the envelope as well as the BID number.


13.6 Each individual envelope must be clearly marked with the following information:

• Name of the RFP, • RFP Number GPAA 30/2015, • ORIGINAL or COPY 1 or COPY 2 etc, and • Return address label indicating the name and address of the Service Provider.

13.7 Submissions that are received open or that fail to indicate the RFP number will be

rejected. 13.8 Submissions that are faxed, sent via telex, and/ or electronic mail delivery will not be

accepted. 13.9 All Submissions received by GPAA will become the property of the GPAA and will not

be returned to the service provider. 14. Expansion of services 14.1 There is a likelihood of GPAA expanding its offices and respondents will be expected

to provide services in these offices. It will be responsibility of the GPAA to inform the awarded bidder accordingly.


1. Evaluation Criteria Item No.

Evaluation Criteria Item : 90/10 Principle

Weight

A Administrative compliance

B Price 90

C Socia B-‐BBEE status 10

With the individual points made up as follows:

A Phase 1: Administrative compliance

1. A letter of good standing from the Compensation

Commissioner.

2. A letter of good standing from the Unemployment

Insurance Fund.

3. Service provider certificate of registration with Private

Security Industry Regulatory Authority (PSIRA).

4. Letter of good standing with PSIRA

5. Public Liability cover of 5 million rand.

6. The SBD (SBD1, SBD3.1, SBD4, SBD6.1 SBD8 and SBD 9)

7. A valid TAX Clearance Certificate.

8. Technical proposal.

B Phase 2: Functionality

Relevant Skills and Experience and Industry Exposure: 1. At least five (5) years past experience in delivering

contracts of a similar nature. (To be substantiated by award / appointment letters).

2. Methodology / Trade plan to indicate the distribution of work.

3. The value of contracts /projects rendered.

4. At least minimum of three (3) previous and current clients reference letters showing capacity in guarding services.

5. At least two (2) Curriculum Vitae (CV) relevant to the field of security management managing the account.

30 30 25 10 5

NB: Minimum 65% qualifications on functionality.

Sub-‐total 100


SBD1 INVITATION TO BID BID NUMBER: GPAA 30/2015 CLOSING DATE: 13 November 2015 CLOSING TIME: 11:00 DESCRIPTION: Supply of physical security at all GPAA offices for a period of three (3) years. BID DOCUMENTS MAY BE POSTED TO OR DEPOSITED IN THE BID BOX SITUATED AT GPAA ADDRESSED TO: The CEO: Government Pensions Administration Agency Bid Administration 34 HAMILTON STR ARCADIA PRETORIA, TSHWANE 0001 Bidders should ensure that bids are delivered timorously to the correct address. If the bid is late, it will not be accepted for consideration. The bid box is generally open 8 hours a day between 08:00 to 16:30, Monday to Fridays. ALL BIDS MUST BE SUBMITTED WITH THE STANDARD FORMS – (NOT TO BE RE-TYPED) THIS BID IS SUBJECT TO THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT NAME OF BIDDER…………………………………………………………………………………………………………… POSTAL ADDRESS…………………………………………………………………………………………………………. STREET ADDRESS………………………………………………………………………………………………………… TELEPHONE NUMBER CODE……………NUMBER………………………………………………. CELLPHONE NUMBER ………………………………………. FACSIMILE NUMBER CODE ………… NUMBER………………………………… VAT REGISTRATION NUMBER ………………………………………………………………………… HAS A TAX CLEARANCE CERTIFICATE BEEN SUBMITTED (SBD2)? YES/NO SIGNATURE OF BIDDER …………………………………………………… DATE …………………………………………………… CAPACITY UNDER WHICH THIS BID IS SIGNED ……………………………………………

THE FOLLOWING PARTICULARS MUST BE FURNISHED (FAILURE TO SO MAY RESULT IN THE BID BEING DISQUALIFIED) ALL STANDARD BIDDING DOCUMENT AS ATTACHED

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF GOVERNMENT PENSIONS ADMINISTRATION AGENCY (GPAA)

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7.1 / SBD7.2 / SBD7.3)


SBD3.1 BLOEMFONTEIN OFFICE - PRICING SCHEDULE – FIRM PRICES NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED

IN CASES WHERE DIFFERENT DELIVERY POINTS INFLUENCE THE PRICING, A SEPARATE PRICING SCHEDULE MUST BE SUBMITTED FOR EACH DELIVERY POINT

OFFER TO BE VALID FOR…120…DAYS FROM THE CLOSING DATE OF BID.

Office: Bloemfontein Rate Profit VAT

Total Cost per annum (Inclusive of VAT &

Profit) Shift Description Grade Quantity per Officer

per month

Mon

to

Sun

day Unarmed Security

Officer for Day Shift C 2 R R R

Unarmed Security Officer for Night Shift C 2 R R R

Security equipment / tools to be provided Description Quantity per

Officer per

month Profit VAT Total

Base radio 1 R R R

Hand-held radios with chargers 1 R R R

Torch (including batteries) 2 R R R

Batons 2 R R R

Handcuffs 2 R R R

Pens and pocket books Per officer R R R

2016/2017 Annual price as per PSIRA R 2017/2018 Annual price escalation as per PSIRA Percentage Added: ___________% R 2018/2019 Annual price escalation as per PSIRA Percentage Added: ___________% R

Grand total for 36 months (VAT & Profit included) R Required by: …………………………………. At: ………………………………….

Brand and model …………………………………. Country of origin …………………………………. Does offer comply with specification? *YES/NO If not to specification, indicate deviation(s) …………………………………. Period required for delivery …………………………………. *Delivery: *FIRM/NOT FIRM Delivery basis ………………………………….

Note: All delivery costs must be included in the bid price, for delivery at the prescribed destination. * Delete if not applicable

Name of bidder…………………………………… Bid number GPAA 30/2015 Closing Time and Date: 13 November 2015 at 11h00am


SBD3.2 KIMBERLEY OFFICE - PRICING SCHEDULE – FIRM PRICES NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED



Office: Kimberley Rate Profit VAT



per month

Mon

to

Frid

ay Unarmed Security




Officer per


Base radio 1 R R R


Batons 2 R R R

Handcuffs 2 R R R


2016/2017 Annual price as per PSIRA R

2017/2018 Annual price escalation as per PSIRA Percentage Added: ___________% R

2018/2019 Annual price escalation as per PSIRA Percentage Added: ___________% R Grand total for 36 months (VAT & Profit included) R

Required by: …………………………………. At: ………………………………….



Name of bidder…………………………………… Bid number GPAA 30/2015 Closing Time and Date: 13 November 2015 at 11h00am .


SBD3.3 PHUTHADITJHABA OFFICE - PRICING SCHEDULE – FIRM PRICES NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED



Office: Phuthaditjhaba Rate Profit VAT



per month

Mon

to

Frid

ay Unarmed Security




Officer per


Base radio 1 R R R


Batons 2 R R R

Handcuffs 2 R R R


2016/2017 Annual price as per PSIRA R

2017/2018 Annual price escalation as per PSIRA Percentage Added: ___________% R

2018/2019 Annual price escalation as per PSIRA Percentage Added: ___________% R Grand total for 36 months (VAT & Profit included) R

Required by: …………………………………. At: ………………………………….



Name of bidder…………………………………… Bid number GPAA 30/2015 Closing Time and Date 13 November 2015 at 11h00am.


SBD3.4

CONSOLIDATED PRICING SCHEDULE - FIRM PRICES NOTE: ONLY FIRM PRICES WILL BE ACCEPTED. NON-FIRM PRICES (INCLUDING PRICES SUBJECT TO RATES OF EXCHANGE VARIATIONS) WILL NOT BE CONSIDERED



Page No. Form Office Profit VAT Total

15/32 SBD3.1 Bloemfontein Office R R R

16/32 SBD3.2 Kimberley Office R R R

17/32 SBD3.2 Phuthaditjhaba Office R R R

Grand total for 36 months (VAT and Profit included) R

Name of bidder…………………………………… Bid number GPAA 30/2015 Closing Time and Date: 13 November 2015 at 11h00am


SBD4 DECLARATION OF INTEREST 1. Any legal person, including persons employed by the GPAA, or persons having a kinship with persons

employed by GPAA, including a blood relationship, may not make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the GPAA, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating committee and/or take an oath declaring his/her interest, where:

• the bidder is employed by the GPAA; and/or • the legal person on whose behalf the bidding document is signed, has a relationship with persons/a

person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and submitted

with the bid. 2.1. Are you or any person connected with the bidder, employed by GPAA?

2.1.1. If so, state particulars: ……………………………………………………………… ……………………………………………………………… 2.2. Do you, or any person connected with the bidder, have any relationship (family, friend, other) with a

person employed by GPAA and who may be involved with the evaluation and or adjudication of this bid?

2.2.1. If so, state particulars: ……………………………………………………………… ……………………………………………………………… 3. In order to give effect to the above, the following questionnaire must be completed and submitted

with the bid. 3.1 Full Name of bidder or his or her representative: ….…………………………………………. 3.2 Identity Number: …………………..……………………………………………………………… 3.3 Position occupied in the Company (director, trustee, shareholder²): ……………………….. 3.4 Company Registration Number: …………………………………………………………..……. 3.5 Tax Reference Number: ………..……………………………………………………….……… 3.6 VAT Registration Number: ……………………………………………………………………....

3.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax

reference numbers and, if applicable, employee / persal numbers must be indicated in paragraph 3 below.

¹“State” means – (a) Any national or provincial department, national or provincial public entity or constitutional institution

within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) Any municipality or municipal entity; (c) Provincial legislature; (d) National Assembly or the national Council of provinces; or (e) Parliament.


²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise.

3.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 3.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: .....……………………………… Name of state institution at which you or the person connected to the bidder is employed : ………………….……………………………………… Position occupied in the state institution: ……………….……………………………………… Any other particulars: ……………………………………………………………… ……………………………………………………………… ………………………………………………………………

3.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative work outside employment in the public sector?

3.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO

document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

3.7.2.2 If no, furnish reasons for non-submission of such proof:

……………………………………………………………………. ……………………………………………………………………. …………………………………………………………………….

3.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

3.8.1 If so, furnish particulars: …………………………………………………………………..

………………………………………………………………….. …………………………………………………………………...

3.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars. ……………………………………………………………... …………………………………………………………..…. ………………………………………………………………

2.10 Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between

any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?


2.10.1 If so, furnish particulars.

……………………………………………………………… ……………………………………………………………… ………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract? 2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….

4 ull details of directors / trustees / members / shareholders. Full Name Identity

Number Personal Tax Reference Number

State Employee Number / Persal Number

3. DECLARATION

I, THE UNDERSIGNED (NAME)……………………………………………………………………… CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT.

I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………….. ..…………………………………………… Signature Date …………………………………. ……………………………………………… Position Name of bidder


SBD 6.1 PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL

PROCUREMENT REGULATIONS 2011

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1. GENERAL CONDITIONS 1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes

included); and - the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes

included). 1.2 The value of this bid is estimated to exceed/not exceed R1 000 000 (all applicable taxes included)

and therefore the 90/10 system shall be applicable. 1.3 Preference points for this bid shall be awarded for:

(a) Price; and (b) B-BBEE Status Level of Contribution.

1.3.1 The maximum points for this bid are allocated as follows:

POINTS

1.3.1.1 PRICE 90 1.3.1.2 B-BBEE STATUS LEVEL OF CONTRIBUTION 10 Total points for Price and B-BBEE must not exceed 100

1.4 Failure on the part of a bidder to fill in and/or to sign this form and submit a B-BBEE Verification

Certificate from a Verification Agency accredited by the South African Accreditation System (SANAS) or a Registered Auditor approved by the Independent Regulatory Board of Auditors (IRBA) or an Accounting Officer as contemplated in the Close Corporation Act (CCA) together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.5. The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any

time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.


2. DEFINITIONS 2..1 “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

2.2 “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad -Based Black Economic Empowerment Act;

2.3 “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity

based on its overall performance using the relevant scorecard contained in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

2.4 “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an

organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals;

2.5 “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003); 2.6 “comparative price” means the price after the factors of a non-firm price and all unconditional discounts that can be utilized have been taken into consideration; 2.7 “consortium or joint venture” means an association of persons for the purpose of combining their

expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract; 2.8 “contract” means the agreement that results from the acceptance of a bid by an organ of state; 2.9 “EME” means any enterprise with an annual total revenue of R5 million or less . 2.10 “Firm price” means the price that is only subject to adjustments in accordance with the actual increase

or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract;

2.11 “functionality” means the measurement according to predetermined norms, as set out in the bid documents, of a service or commodity that is designed to be practical and useful, working or operating, taking into account, among other factors, the quality, reliability, viability and durability of a service and the technical capacity and ability of a bidder; 2.12 “non-firm prices” means all prices other than “firm” prices; 2.13 “person” includes a juristic person;

2.14 “rand value” means the total estimated value of a contract in South African currency, calculated at the time of bid invitations, and includes all applicable taxes and excise duties;

2.15 “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract;

2.16 “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007; 2.17 “trust” means the arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person; and 2.18 “trustee” means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.


3. ADJUDICATION USING A POINT SYSTEM 3.1 The bidder obtaining the highest number of total points will be awarded the contract. 3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into

account all factors of non-firm prices and all unconditional discounts;. 3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one

scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal points including equal preference points for B-BBEE, the successful bid must be the one scoring the highest score for functionality.

3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots. 4. POINTS AWARDED FOR PRICE 4.1 THE 80/20 OR 90/10 PREFERENCE POINT SYSTEMS A maximum of 80 or 90 points is allocated for price on the following basis: 80/20 or 90/10

⎟⎠

⎞⎜⎝

⎛ −−=

minmin180

PPPtPs or ⎟

⎠

⎞⎜⎝

⎛ −−=

minmin190

PPPtPs

Where Ps = Points scored for comparative price of bid under consideration Pt = Comparative price of bid under consideration Pmin = Comparative price of lowest acceptable bid 5. Points awarded for B-BBEE Status Level of Contribution 5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points

must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points (90/10 system)

Number of points (80/20 system)

1 10 20

2 9 18

3 8 16

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2


Non-compliant contributor 0 0

5.2 Bidders who qualify as EMEs in terms of the B-BBEE Act must submit a certificate issued by an

Accounting Officer as contemplated in the CCA or a Verification Agency accredited by SANAS or a Registered Auditor. Registered auditors do not need to meet the prerequisite for IRBA’s approval for the purpose of conducting verification and issuing EMEs with B-BBEE Status Level Certificates.

5.3 Bidders other than EMEs must submit their original and valid B-BBEE status level verification certificate

or a certified copy thereof, substantiating their B-BBEE rating issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.4 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity, provided that the entity submits their B-BBEE status level certificate.

5.5 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an Unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate bid.

5.6 Tertiary institutions and public entities will be required to submit their B-BBEE status level certificates in terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.

5.7 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that

such a bidder intends sub-contracting more than 25% of the value of the contract to any other enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.8 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any other enterprise that does not have an equal or higher B-BBEE status level than the person concerned, unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-contract.

6. BID DECLARATION 6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following: 7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.3.1.2

AND 5.1 7.1 B-BBEE Status Level of Contribution: ………...…. = ……….…(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency accredited by SANAS or a Registered Auditor approved by IRBA or an Accounting Officer as contemplated in the CCA).

8 SUB-CONTRACTING 8.1 Will any portion of the contract be sub-contracted? YES / NO (delete which is not applicable)

8.1.1 If yes, indicate: (i) what percentage of the contract will be subcontracted? ............……………….…% (ii) the name of the sub-contractor? ………………………………………………………….. (iii) the B-BBEE status level of the sub-contractor? …….……………….. (iv) whether the sub-contractor is an EME? YES / NO (delete which is not applicable)


9 DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm .............................................................................................. :

9.2 VAT registration number : ............................................................................................. 9.3 Company registration number …………………………………………………………………….

: 9.4 TYPE OF COMPANY/ FIRM � Partnership/Joint Venture / Consortium � One person business/sole propriety � Close corporation � Company � (Pty) Limited [TICK APPLICABLE BOX] 9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES ………….. .................................................................................................................................................. ……………… ............................................................................................................................................ …………….. .............................................................................................................................................. 9.6 COMPANY CLASSIFICATION � Manufacturer � Supplier � Professional service provider � Other service providers, e.g. transporter, etc. [TICK APPLICABLE BOX] 9.7 Total number of years the company/firm has been in business? …………………………………… 9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm,

certify that the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge that:

(i) The information furnished is true and correct; (ii) The preference points claimed are in accordance with the General Conditions as

indicated in paragraph 1 of this form. (iii) In the event of a contract being awarded as a result of points claimed as shown in

paragraph 7, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;


(iv) If the B-BBEE status level of contribution has been claimed or obtained on a

fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process; (b) recover costs, losses or damages it has incurred or suffered as a result of

that person’s conduct; (c) cancel the contract and claim any damages which it has suffered as a result

of having to make less favourable arrangements due to such cancellation;

(d) restrict the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution

WITNESSES:

1. ……………………………………… …………………………………… SIGNATURE(S) OF BIDDER(S) 2. ……………………………………… DATE:…………………………..………..

ADDRESS:………………………………..

….…………………..…………… ………………………….....…………….

….…………………..……………


SBD8 DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES

1. This Standard Bidding Document must form part of all bids invited. 2. It serves as a declaration to be used by institutions in ensuring that when goods and services are being procured, all

reasonable steps are taken to combat the abuse of the supply chain management system. 3. The bid of any bidder may be disregarded if that bidder, or any of its directors have:

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. Failed to perform on any previous contract.

4. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question

Yes No

4.1 Is the bidder or any of its directors listed on the National Treasury’s database as companies or persons prohibited from doing business with the public sector?

(Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No

4.1.1 If so, furnish particulars:

4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445.

Yes

No

4.2.1 If so, furnish particulars: 4.3 Was the bidder or any of its directors convicted by a court of law (including a court

outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No

4.3.1 If so, furnish particulars: 4.4 Was any contract between the bidder and any organ of state terminated during the

past five years on account of failure to perform on or comply with the contract?

Yes

No

4.4.1 If so, furnish particulars:

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)………………………… CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... ………………………………….. Signature Date

………………………………………... ………………………………….. Position Name of Bidder


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an

agreement between, or concerted practice by, firms, or a decision by an association of

firms, if it is between parties in a horizontal relationship and if it involves collusive

bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot

be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused

the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier

committed any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to

ensure that, when bids are considered, reasonable steps are taken to prevent any

form of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD

9) must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to

raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete.


SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every

respect:

I certify, on behalf of: _______________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found

not to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying

bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized

by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the

word “competitor” shall include any individual or organization, other than the bidder,

whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same line of business as the bidder


6. The bidder has arrived at the accompanying bid independently from, and without

consultation, communication, agreement or arrangement with any competitor.

However communication between partners in a joint venture or consortium³ will not be

construed as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor

regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market

allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and conditions

of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, specifications and

conditions or delivery particulars of the products or services to which this bid invitation

relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the

bidder, directly or indirectly, to any competitor, prior to the date and time of the official

bid opening or of the awarding of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.


10. I am aware that, in addition and without prejudice to any other remedy provided to

combat any restrictive practices related to bids and contracts, bids that are suspicious

will be reported to the Competition Commission for investigation and possible

imposition of administrative penalties in terms of section 59 of the Competition Act No

89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for

criminal investigation and or may be restricted from conducting business with the

public sector for a period not exceeding ten (10) years in terms of the Prevention and

Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

…………………………………………….. …………………………………..

Name of Bidder Signature

…………………………………… …………………………………

Position Date


GPAA PROCUREMENT: GENERAL CONDITIONS OF CONTRACT The purpose of this Annexure is to: i. Draw special attention to certain general conditions applicable to GPAA bids, contracts and orders; and ii. To ensure that clients be familiar with regard to the rights and obligations of all parties involved in doing business with

GPAA. • In this document words in the singular also mean in the plural and vice versa and words in the masculine also mean in

the feminine and neuter. • The General Conditions of Contract will form part of all bid documents and may not be amended. • Special Conditions of Contract (SCC) relevant to a specific bid should be compiled separately for every bid if applicable

and will supplement the General Conditions of Contract. Whenever there is a conflict, the provisions in the SCC shall prevail.

TABLE OF CLAUSES 1. Definitions 2. Application 3. General 4. Standards 5. Use of contract documents and information; inspection 6. Patent rights 7. Performance security 8. Inspections, tests and analysis 9. Packing 10. Delivery and documents 11. Insurance 12. Transportation 13. Incidental services 14. Spare parts 15. Warranty 16. Payment 17. Prices 18. Contract amendments 19. Assignment 20. Subcontracts 21. Delays in the supplier’s performance 22. Penalties 23. Termination for default 24. Dumping and countervailing duties 25. Force Majeure 26. Termination for insolvency 27. Settlement of disputes 28. Limitation of liability 29. Governing language 30. Applicable law 31. Notices 32. Taxes and duties


1. DEFINITIONS

The following terms shall be interpreted as indicated:

1.1. “Closing time” means the date and hour specified in the bidding documents for the receipt of bids.

1.2. “Contract” means the written agreement entered into between the purchaser and the supplier, as recorded in the contract form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

1.3. “Contract price” means the price payable to the supplier under the contract for the full and proper performance

of his contractual obligations.

1.4. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public employee in the procurement process or in contract execution.

1.5. "Countervailing duties" are imposed in cases where an enterprise abroad is subsidized by its GPAA and

encouraged to market its products internationally.

1.6. “Country of origin” means the place where the goods were mined, grown or produced or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembly of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.

1.7. “Day” means calendar day.

1.8. “Delivery” means delivery in compliance of the conditions of the contract or order.

1.9. “Delivery ex stock” means immediate delivery directly from stock actually on hand.

1.10. “Delivery into consignees store or to his site” means delivered and unloaded in the specified store or depot

or on the specified site in compliance with the conditions of the contract or order, the supplier bearing all risks and charges involved until the supplies are so delivered and a valid receipt is obtained.

1.11. "Dumping" occurs when a private enterprise abroad market its goods on own initiative in the RSA at lower

prices than that of the country of origin and which have the potential to harm the local industries in the RSA.

1.12. ”Force majeure” means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

1.13. “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the

execution of a contract to the detriment of any bidder, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the bidder of the benefits of free and open competition.

1.14. “GCC” means the General Conditions of Contract.

1.15. “Goods” means all of the equipment, machinery, and/or other materials that the supplier is required to supply to

the purchaser under the contract

1.16. “Imported content” means that portion of the bidding price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the supplier or his subcontractors) and which


costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies covered by the bid will be manufactured.

1.17. “Local content” means that portion of the bidding price which is not included in the imported content provided that local manufacture does take place.

1.18. “Manufacture” means the production of products in a factory using labour, materials, components and

machinery and includes other related value-adding activities.

1.19. “Order” means an employee written order issued for the supply of goods for works or the rendering of a service.

1.20. “Project site,” where applicable, means the place indicated in bidding documents.

1.21. “Purchaser” means the organization purchasing the goods.

1.22. “Republic” means the Republic of South Africa.

1.23. “SCC” means the Special Conditions of Contract.

1.24. “Services” means those functional services ancillary to the supply of the goods, such as transportation and any other incidental services, such as installation, commissioning, provision of technical assistance, training, catering, gardening, security, maintenance and other such obligations of the supplier covered under the contract.

1.25. “Written” or “in writing” means handwritten in ink or any form of 96 electronic or mechanical writing.

2. APPLICATION

2.1. These general conditions are applicable to all bids, contracts and orders including bids for functional and professional services, sales, hiring, letting and the granting or acquiring of rights, but excluding immovable property, unless otherwise indicated in the bidding documents.

2.2. Where applicable, special conditions of contract are also laid down to cover specific supplies, services or works.

2.3. Where such special conditions of contract are in conflict with these general conditions, the special conditions shall apply.

3. GENERAL

3.1. Unless otherwise indicated in the bidding documents, the purchaser shall not be liable for any expense incurred in the preparation and submission of a bid. Where applicable a non-refundable fee for documents may be charged.

3.2. With certain exceptions, invitations to bid are only published in the State Tender Bulletin. The State Tender

Bulletin may be obtained directly from the Government Printer, Private Bag X85, Pretoria 0001, or accessed electronically from www.employee.gov.za.

4. STANDARDS

4.1. The goods supplied shall conform to the standards mentioned in the bidding documents and specifications.


5. USE OF CONTRACT DOCUMENTS AND INFORMATION; INSPECTION

5.1. The supplier shall not, without the purchaser’s prior written consent, disclose the contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the purchaser in connection therewith, to any person other than a person employed by the supplier in the performance of the contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

5.2. The supplier shall not, without the purchaser’s prior written consent, make use of any document or information

mentioned in GCC clause 5.1 except for purposes of performing the contract.

5.3. Any document, other than the contract itself mentioned in GCC clause 5.1 shall remain the property of the purchaser and shall be returned (all copies) to the purchaser on completion of the supplier’s performance under the contract if so required by the purchaser.

5.4. The supplier shall permit the purchaser to inspect the supplier’s records relating to the performance of the

supplier and to have them audited by auditors appointed by the purchaser, if so required by the purchaser. 6. PATENT RIGHTS

6.1. The supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the goods or any part thereof by the purchaser.

7. PERFORMANCE

7.1. Within thirty (30) days of receipt of the notification of contract award, the successful bidder shall furnish to the purchaser the performance security of the amount specified in SCC.

7.2. The proceeds of the performance security shall be payable to the purchaser as compensation for any loss

resulting from the supplier’s failure to complete his obligations under the contract.

7.3. The performance security shall be denominated in the currency of the contract, or in a freely convertible currency acceptable to the purchaser and shall be in one of the following forms: 7.3.1. a bank guarantee or an irrevocable letter of credit issued by a reputable bank located in the purchaser’s

country or abroad, acceptable to the purchaser, in the form provided in the bidding documents or another form acceptable to the purchaser; or

7.3.2. a cashier’s or certified cheque

7.4. The performance security will be discharged by the purchaser and returned to the supplier not later than thirty (30) days following the date of completion of the supplier’s performance obligations under the contract, including any warranty obligations, unless otherwise specified in SCC.

8. INSPECTIONS, TESTS AND ANALYSES

8.1. All pre-bidding testing will be for the account of the bidder.

8.2. If it is a bid condition that supplies to be produced or services to be rendered should at any stage during production or execution or on completion be subject to inspection, the premises of the bidder or contractor shall


be open, at all reasonable hours, for inspection by a representative of the Department or an organization acting on behalf of the Department.

8.3. If there is no inspection requirements indicated in the bidding documents and no mention is made in the

contract, but during the contract period it is decided that inspections shall be carried out, the purchaser shall itself make the necessary arrangements, including payment arrangements with the testing Energy Board concerned.

8.4. If the inspections, tests and analyses referred to in clauses 8.2 and 8.3 show the supplies to be in accordance

with the contract requirements, the cost of the inspections, tests and analyses shall be defrayed by the purchaser.

8.5. Where the supplies or services referred to in clauses 8.2 and 8.3 do not comply with the contract requirements,

irrespective of whether such supplies or services are accepted or not, the cost in connection with these inspections, tests or analyses shall be defrayed by the supplier.

8.6. Supplies and services which are referred to in clauses 8.2 and 8.3 and which do not comply with the contract

requirements may be rejected.

8.7. Any contract supplies may on or after delivery be inspected, tested or analyzed and may be rejected if found not to comply with the requirements of the contract. Such rejected supplies shall be held at the cost and risk of the supplier who shall, when called upon, remove them immediately at his own cost and forthwith substitute them with supplies which do comply with the requirements of the contract. Failing such removal the rejected supplies shall be returned at the suppliers cost and risk. Should the supplier fail to provide the substitute supplies forthwith, the purchaser may, without giving the supplier further opportunity to substitute the rejected supplies, purchase such supplies as may be necessary at the expense of the supplier.

8.8. The provisions of clauses 8.4 to 8.7 shall not prejudice the right of the purchaser to cancel the contract on

account of a breach of the conditions thereof, or to act in terms of Clause 23 of GCC. 9. PACKING

9.1. The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

9.2. The packing, marking, and documentation within and outside the packages shall comply strictly with such

special requirements as shall be expressly provided for in the contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the purchaser.

10. DELIVERY OF DOCUMENTS

10.1. Delivery of the goods shall be made by the supplier in accordance with the terms specified in the contract. The details of shipping and/or other documents to be furnished by the supplier are specified in SCC.

10.2. Documents to be submitted by the supplier are specified in SCC.

11. INSURANCE


11.1. The goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery in the manner specified in the SCC.

12. TRANSPORTATION

12.1. Should a price other than an all-inclusive delivered price be required, this shall be specified in the SCC. 13. INCIDENTAL SERVICES

13.1. The supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:

a.performance or supervision of on-site assembly and/or commissioning of the supplied goods; b.furnishing of tools required for assembly and/or maintenance of the supplied goods; c.furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied goods; d.performance or supervision or maintenance and/or repair of the supplied goods, for a period of time agreed by

the parties, provided that this service shall not relieve the supplier of any warranty obligations under this contract; and

e.training of the purchaser’s personnel, at the supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied goods.

13.2. Prices charged by the supplier for incidental services, if not included in the contract price for the goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the supplier for similar services.

14. SPARE PARTS

14.1. As specified in SCC, the supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the supplier:

a.such spare parts as the purchaser may elect to purchase from the supplier, provided that this election shall not relieve the supplier of any warranty obligations under the contract; and

b.in the event of termination of production of the spare parts: i. Advance notification to the purchaser of the pending termination, in sufficient time to permit the purchaser

to procure needed requirements; and ii. Following such termination, furnishing at no cost to the purchaser, the blueprints, drawings, and

specifications of the spare parts, if requested. 15. WARRANTY

15.1. The supplier warrants that the goods supplied under the contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the contract. The supplier further warrants that all goods supplied under this contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the purchaser’s specifications) or from any act or omission of the supplier, that may develop under normal use of the supplied goods in the conditions prevailing in the country of final destination.

15.2. This warranty shall remain valid for twelve (12) months after the goods, or any portion thereof as the case may

be, have been delivered to and accepted at the final destination indicated in the contract, or for eighteen (18) months after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.


15.3. The purchaser shall promptly notify the supplier in writing of any claims arising under this warranty.

15.4. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed,

repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.5. Upon receipt of such notice, the supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective goods or parts thereof, without costs to the purchaser.

15.6. If the supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the

purchaser may proceed to take such remedial action as may be necessary, at the supplier’s risk and expense and without prejudice to any other rights which the purchaser may have against the supplier under the contract.

16. PAYMENT

16.1. The method and conditions of payment to be made to the supplier under this contract shall be specified in SCC.

16.2. The supplier shall furnish the purchaser with an invoice accompanied by a copy of the delivery note and upon fulfilment of other obligations stipulated in the contract.

16.3. Payments shall be made promptly by the purchaser, but in no case later than thirty (30) days after submission

of an invoice or claim by the supplier.

16.4. Payment will be made in Rand unless otherwise stipulated in SCC. 17. PRICES

17.1. Prices charged by the supplier for goods delivered and services performed under the contract shall not vary from the prices quoted by the supplier in his bid, with the exception of any price adjustments authorized in SCC or in the purchaser’s request for bid validity extension, as the case may be.

18. CONTRACT AMENDMENTS

18.1. No variation in or modification of the terms of the contract shall be made except by written amendment signed by the parties concerned.

19. ASSIGNMENT

19.1. The supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the purchaser’s prior written consent.

20. SUBCONTRACTS

20.1. The supplier shall notify the purchaser in writing of all subcontracts awarded under this contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the supplier from any liability or obligation under the contract.


21. DELAYS IN THE SUPPLIERS PERFORMANCE

21.1. Delivery of the goods and performance of services shall be made by the supplier in accordance with the time schedule prescribed by the purchaser in the contract.

21.2. If at any time during performance of the contract, the supplier or its subcontractor(s) should encounter

conditions impeding timely delivery of the goods and performance of services, the supplier shall promptly notify the purchaser in writing of the fact of the delay, it’s likely duration and its cause(s). As soon as practicable after receipt of the supplier’s notice, the purchaser shall evaluate the situation and may at his discretion extend the supplier’s time for performance, with or without the imposition of penalties, in which case the extension shall be ratified by the parties by amendment of contract.

21.3. No provision in a contract shall be deemed to prohibit the obtaining of supplies or services from a national

department, provincial department, or local authorities.

21.4. The right is reserved to procure outside of the contract small quantities or to have minor essential services executed if an emergency arises, the supplier’s point of supply is not situated at or near the place where the supplies are required, or the supplier’s services are not readily available.

21.5. Except as provided under GCC Clause 25, a delay by the supplier in the performance of its delivery obligations

shall render the supplier liable to the imposition of penalties, pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 21.2 without the application of penalties.

21.6. Upon any delay beyond the delivery period in the case of supplies contract, the purchaser shall, without

cancelling the contract, be entitled to purchase supplies of a similar quality and up to the same quantity in substitution of the goods not supplied in conformity with the contract and to return any goods delivered later at the supplier’s expense and risk, or to cancel the contract and buy such goods as may be required to complete the contract and without prejudice to his other rights, be entitled to claim damages from the supplier.

22. PENALTIES

22.1. Subject to GCC Clause 25, if the supplier fails to deliver any or all of the goods or to perform the services within the period(s) specified in the contract, the purchaser shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price of the delayed goods or unperformed services using the current prime interest rate calculated for each day of the delay until actual delivery or performance. The purchaser may also consider termination of the contract pursuant to GCC Clause 23.

23. TERMINATION FOR DEFAULT

23.1. The purchaser, without prejudice to any other remedy for breach of contract, by written notice of default sent to the supplier, may terminate this contract in whole or in part:

a.if the supplier fails to deliver any or all of the goods within the period(s) specified in the contract, or within any extension thereof granted by the purchaser pursuant to GCC Clause 21.2;

b.if the Supplier fails to perform any other obligation(s) under the contract; or c.if the supplier, in the judgment of the purchaser, has engaged in corrupt or fraudulent practices in competing for

or in executing the contract.

23.2. In the event the purchaser terminates the contract in whole or in part, the purchaser may procure, upon such terms and in such manner as it deems appropriate, goods, works or services similar to those undelivered, and


the supplier shall be liable to the purchaser for any excess costs for such similar goods, works or services. However, the supplier shall continue performance of the contract to the extent not terminated.

24. ANTI-DUMPING AND COUNTERVAILING DUTIES AND RIGHTS

24.1. When, after the date of bid, provisional payments are required, or antidumping or countervailing duties are imposed, or the amount of a provisional payment or anti-dumping or countervailing right is increased in respect of any dumped or subsidized import, the State is not liable for any amount so required or imposed, or for the amount of any such increase. When, after the said date, such a provisional payment is no longer required or any such anti-dumping or countervailing right is abolished, or where the amount of such provisional payment or any such right is reduced, any such favourable difference shall on demand be paid forthwith by the contractor to the State or the State may deduct such amounts from moneys (if any) which may otherwise be due to the contractor in regard to supplies or services which he delivered or rendered, or is to deliver or render in terms of the contract or any other contract or any other amount which may be due to him.

25. FORCE MAJEURE

25.1. Notwithstanding the provisions of GCC Clauses 22 and 23, the supplier shall not be liable for forfeiture of its performance security, damages, or termination for default if and to the extent that his delay in performance or other failure to perform his obligations under the contract is the result of an event of force majeure.

25.2. If a force majeure situation arises, the supplier shall promptly notify the purchaser in writing of such condition

and the cause thereof. Unless otherwise directed by the purchaser in writing, the supplier shall continue to perform its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the force majeure event.

26. TERMINATION FOR INSOLVENCY

26.1. The purchaser may at any time terminate the contract by giving written notice to the supplier if the supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

27. SETTLEMENT OF DISPUTES

27.1. If any dispute or difference of any kind whatsoever arises between the purchaser and the supplier in connection with or arising out of the contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

27.2. If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation,

then either the purchaser or the supplier may give notice to the other party of his intention to commence with mediation. No mediation in respect of this matter may be commenced unless such notice is given to the other party.

27.3. Should it not be possible to settle a dispute by means of mediation, it may be settled in a South African court of

law.

27.4. Mediation proceedings shall be conducted in accordance with the rules of procedure specified in the SCC.

27.5. Notwithstanding any reference to mediation and/or court proceedings herein,


a.the parties shall continue to perform their respective obligations under the contract unless they otherwise agree; and

b.the purchaser shall pay the supplier any monies due the supplier.

27.6. Except in cases of criminal negligence or wilful misconduct, and in the case of infringement pursuant to Clause 6.

28. LIMITATION OF LIABILITY

28.1. The supplier shall not be liable to the purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the supplier to pay penalties and/or damages to the purchaser.

28.2. The aggregate liability of the supplier to the purchaser, whether under the contract, in tort or otherwise, shall not

exceed the total contract price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

29. GOVERNING LANGUAGE

29.1. The contract shall be written in English. All correspondence and other documents pertaining to the contract that is exchanged by the parties shall also be written in English.

30. APPLICABLE LAW

30.1. The contract shall be interpreted in accordance with South African laws, unless otherwise specified in SCC. 31. NOTICES

31.1. Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail and any other notice to him shall be posted by ordinary mail to the address furnished in his bid or to the address notified later by him in writing and such posting shall be deemed to be proper service of such notice.

31.2. The time mentioned in the contract documents for performing any act after such aforesaid notice has been

given, shall be reckoned from the date of posting of such notice. 32. TAXES AND DUTIES

32.1. A foreign supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the purchaser’s country.

32.2. A local supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the

contracted goods to the purchaser.

32.3. No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid, GPAA must be in possession of a tax clearance certificate, submitted by the bidder. This certificate must be an original issued by the South African Revenue Services.